It seems the SEC/CFTC failed to disclose they didn't get around to interviewing the traders that actually executed the algorithm blamed for dumping 75,000 emini contracts on the market "without regard to price or time" until 2 weeks after publishing their final report on the flash crash! Apparently, they were making a lot of things up to fit a foregone conclusion.
According to the media, it was Waddell & Reed who executed those trades right? Well, no. Barclays executed the contracts using their time tested algorithm called Participation. You simply can't crash a market with the Participation algorithm. This is an algorithm that in fact has sophisticated price and time components. This is an algorithm that would only sell at the offer -- and never at the bid. This was discovered and pointed out by Nanex after just one day reviewing the actual 6,438 eMini contract trades (75,000 contracts) which ZeroHedge helped obtain. But the media was happy to hang the guilt on an out of town mid-west Mutual Fund company, and besides all this stuff was getting way too complicated. After all, when it comes to such complexities, it is only economy PhDs who are fit to opine at will.
Only the SEC/CFTC wasn't counting on anyone double checking their work...
So a week after Nanex published their findings on the eMini trades, the CFTC holds their very first interview with Vijay Pant -- the man in charge of executing the infamous W&R trades at Barclays using the Participation algorithm. Here's a link to the CFTC website showing that meeting. This was the first time the SEC/CFTC actually interviewed those with intimate knowledge about the algorithm blamed for the flash crash in the SEC/CFTC final report.
How many heads will roll for this faux pas? And if it is only one, it better be that of Madoff "dear friend" Mary Schapiro who may have slipped through the cracks after the biggest ponzi scheme, since the US government, was handed to her on a silver platter.
But not this time.
If it is indeed confirmed that the agency, which is already in hot water for purposefully destroying evidence confirming various hedge funds have participated in insider trading, we are confident that the mere onslaught of class action lawsuits against the SEC, which one can now accuse of out right cover up, by anyone who lost money on May 6, will force not one but countless resignations, as the rats abandon the sinking ship, terrified by the prospect of civil and criminal liability pursuing their very own sad and pathetic bureaucratic careers.
We urge any and all class action lawyers among our readers to do their thing.